[bit.listserv.gaynet] Reprinting whole texts from e-mail

BEVANS@HMCVAX.CLAREMONT.EDU (Mathemagician) (02/20/90)

Louie writes:

>Can a third party, a journalist for example, "freely" quote letters that have
>fallen into her hands?  For instance, Politician X writes me a snotty letter.
>I can't publish it since it belongs to PoliX, but I leak it to a reporter
>who publishes it in the NY TIMES.  Would that be legal?

Nope.  Again, the physical form of the letter (the paper and ink/pencil/
crayon/whatever) is the property of the recipient but the words are the
property of the author.  If the recipient send the letter to a third
party, the letter now becomes the third party's property, but the words
are still owned by the author.  Under the copyright law as it is inter-
preted presently, many  biographical works would be illegal (_Newsweek_
wrote a story about this and mentioned one work about the Kennedy's,
I think.)

--
Brian Evans
bevans at hmcvax.claremont.edu, hmcvax.bitnet, jarthur.claremont.edu

DANGAY%UNC.BITNET@MITVMA.MIT.EDU (Daniel L Leonard) (02/21/90)

brian,
      i have been told that letters from governmental agencies
  are public domain and permission DOES NOT need to be
  obtained.  is that correct ?
                              dangay

mike@TURING.CS.UNM.EDU (Michael I. Bushnell) (02/21/90)

The latest revision of the US Copyright statutes, to bring them in
line with the Bern convention, has all but eliminated any distinction
between "private" and "public" dissemination.  It hasn't been tested
yet, but it seems that there is no requirement that someone refrain
from fair use any differently with respect to a letter as with respect
to a "public" publication.  The same rules seem to apply; the same
language is used in the law.

	-mib